Australia justifies border controls to UN

Transcript

Australian officials have defended their record on the treatment of asylum seekers at a meeting of the United Nations Committee Against Torture in Geneva.

The Committee had previously questioned Australia's jurisdiction over off shore processing centres it set up on Nauru and on Manus Island in Papua New Guinea.

It was asked about the cruel and inhumane conditions there, deaths in detention and the welfare of child refugees.

Earlier this year Australia indicated it would bid for a seat on the UN Human Rights Council in 2018.

Jenny Meyer reports.

The UN Committee's Chair, Claudio Grossman, asked the Australian delegation to explain who is responsible for the care of the asylum seekers in its off-shore centres, saying Australia has authority, control, and pays the bills. The Assistant Secretary of the Attorney General's Human Rights Policy Branch told the Committee human rights in Australia are protected by a range of means and when violated there are range of independent bodies who can investigate. Stephen Bouwhuis reminded the Committee of its power.

STEPHEN BOUWHUIS: The views of the Committee are considered seriously by the government but do not bind the Australian government.

Stephen Bouwhuis went on to challenge the issue of jurisdiction over asylum seekers, saying the governments of Nauru and Papua New Guinea are responsible.

STEPHEN BOUWHUIS: Asylum seekers are processed under the laws of those countries and as such those governments are the ones exercising the elements of sovereign authority in their own territory. Yes Australia acknowledges that it does contribute funding to the centres, but that's not the same as exercising jurisiction as recognised under international law.

Mr Bouwhuis told the Committee its concerns over the processing centres should be redirected to the governments of Nauru and PNG. The Department of Immigration and Border Protection's Immigration Deputy Secretary, Mark Cormack, answered the Committee's questions on so-called boat people.

MARK CORMACK: The government notes the committee's recommendation that Australia should consider abolishing its policy of mandatory immigration detention for maritime arrivals. But Australia maintains that immigration detention is an essential component of stronger border control. In total the government's policies in relation to border control are designed to deter people from making dangerous boat journeys and preventing deaths at sea.

Mr Cormack went on to describe the significant levels of health care available to detainees. He then discussed external scrutiny over last February's killing of an Iranian asylum seeker in Australian care in PNG and security concerns on Nauru.

MARK CORMACK: There was mention yesterday of the tragic death of Mr Reza Berati who passed away in February this  year in the Manus centre. The criminal trial in this matter was heard in the national court in PNG and the two suspects involved in this trial will commence hearings in January 2015. There is also an independent enquiry into allegations of abuse in Nauru which has commenced under Mr Phillip Moss a former Integrity Commissioner in Australia.

Mark Cormack told the Committee if Mr Moss's investigation finds any allegations of criminal activity, it will be referred to the Nauruan justice system. Another delegate from the Immigration Department, Dr Wendy Southern, explained the enhanced screening of refugees even in Australian waters.

WENDY SOUTHERN: Each person is interviewed by officers trained in protection visa decision making and interview techniques, including the identification of torture victims. And their claims are considered individually in relation to Australia's protection obligations, no matter where the interview takes place, including on water. Interpreters are used throughout the process.

 
Dr Southern said people are screened in or out depending on the plausibility of their case and likely harm on return based on current country information. The United Nations is expected to consider the Australian government's explanations and deliver its recommendations before the end of the month.